Victorian Current Acts

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    (1)     In this Part—

"authority" means an authority issued under section 65;

"cannabis" means a plant or any part of a plant of the genus Cannabis L , whether fresh or dried;

S. 61(1) def. of inspector amended by No. 37/2014 s. 10(Sch. item 47.21).

"inspector" means—

        (a)     a person authorised as an inspector under section 69E; or

        (b)     a police officer;

S. 61(1) def. of low-THC cannabis amended by No. 22/2022 s. 55(1)(b).

"low-THC cannabis" means cannabis, the leaves and flowering heads of which do not contain more than 1·0 per cent of tetrahydrocannabinol;

S. 61(1) def. of minor term or condition inserted by No. 22/2022 s. 55(1)(a).

"minor term or condition" means a term, condition, limitation or restriction prescribed under section 66(4);

S. 61(1) def. of national criminal history check inserted by No. 22/2022 s. 55(1)(a).

"national criminal history check", in relation to a person, means a check of the criminal history of the person in or outside of Australia with or through a police force or other authority of Victoria, another State, a Territory or the Commonwealth;

S. 61(1) def. of protected information inserted by No. 22/2022 s. 55(1)(a).

"protected information" means any information, document or thing the production or inspection of which—

        (a)     is likely to reveal the identity of a person or a police officer who provided any information that is relevant to a decision of the Chief Commissioner of Police to—

              (i)     oppose the issuing or renewal of an authority; or

              (ii)     request the suspension or cancellation of an authority; or

        (b)     is likely to reveal the identity of a person whose name appears in any evidence given or information provided to a police officer in the course of any investigation; or

        (c)     is likely to reveal the identity of a person who is or has been the subject of an investigation conducted by a police officer; or

        (d)     is likely to reveal an investigation method, intelligence gathering method, investigative technique or technology or covert practice used by police officers; or

        (e)     is likely to jeopardise the safety of a person or police officer referred to in paragraph (a), (b) or (c); or

        (f)     is likely to put at risk any investigation by a police officer; or

        (g)     may prejudice any investigation or criminal proceeding; or

        (h)     is otherwise not in the public interest;

S. 61(1) def. of Secretary substituted by No. 56/2003 s. 11(Sch. item 7.1), amended by Nos 70/2013 s. 4(Sch. 2 item 12), 22/2022 s. 55(1)(d).

"Secretary" means the Secretary to the Department of Jobs, Precincts and Regions;

S. 61(1) def. of serious offence substituted by Nos 40/2019 s. 7, 22/2022 s. 55(1)(c).

"serious offence" means—

        (a)     an indictable offence involving dishonesty, fraud or assault; or

        (b)     an offence under section 72B; or

        (c)     any offence under this Act with a penalty of imprisonment of more than one year; or

        (d)     an offence equivalent to an offence referred to in paragraphs (a), (b) or (c) under the law of another jurisdiction.

S. 61(2) amended by No. 22/2022 s. 55(2).

    (2)     For the purposes of sections 63 and 64, a person who is 18 years of age or more is an associate of an applicant for an authority if the person—

        (a)     holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant to which the authority relates, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of the business to which the authority relates; or

        (b)     holds or will hold any relevant position, whether in right of the person or on behalf of any other person in the business of the applicant to which the authority relates; or

S. 61(2)(c) amended by No. 22/2022 s. 55(3).

        (c)     is a spouse (including de facto spouse) of the applicant.

    (3)     In subsection (2)—

S. 61(3) def. of relative repealed by No. 22/2022 s. 55(4).

    *     *     *     *     *

"relevant financial interest", in relation to a business, means—

        (a)     any share in the capital of the business; or

        (b)     any entitlement to receive any income derived from the business;

"relevant position", in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;

"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

        (a)     to participate in any directorial, managerial or executive decision; or

        (b)     to elect or appoint any person to any relevant position.

S. 61A inserted by No. 20/2016 s. 118, repealed by No. 34/2019 s. 20.

    *     *     *     *     *

New  s. 62 inserted by No. 54/1997 s. 5.

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